A: The 3M earplug claim is about the company’s earplugs, which were used by people in the military. The victims claim that these earplugs resulted in tinnitus and hearing loss. They also believe that the products were designed in a way that encouraged these side effects and that 3M knew about this but did not disclose this to consumers. This claim involves both design defects and marketing defects because the product was flawed, and the company did not disclose it.
Baton Rouge 3M Earplugs Lawyer
Baton Rouge 3M Earplugs Attorney
3M Combat Arms Earplugs were flawed in a way that affected how they worked and how they fit inside the wearer’s ears. This led to hearing loss and tinnitus in some users. Even though 3M knew about these issues, it did not share this with the public or the military to continue receiving government funding. If you have been affected by 3M earplugs and have experienced hearing issues as a result, contact a Baton Rouge 3M earplugs lawyer.
WE ARE NO LONGER ACCEPTING NEW 3M EARPLUG CASES.
On August 28, 2023, 3M entered into a global settlement to resolve nearly 250,000 cases involving its Combat Arms earplugs. Those cases have been pending in the Middle District of Florida since 2019. The $6 billion global settlement will be funded by 3M over the course of several years. Plaintiffs who have suffered certain hearing-related injuries will receive settlement awards. Those awards will vary depending on the injuries incurred as well as the severity of those injuries. Additional information pertaining to the amount and timing of the settlement offers will be made available soon.
3M Earplug Lawsuit Update
According to Reuters,
“On Tuesday, July 26, 2022, 3M announced that it will seek to resolve the earplug claims in bankruptcy court.”
Aero Technologies, a subsidiary of 3M and the company that made the earplugs, filed a Petition for Relief under Chapter 11 bankruptcy in the Southern District of Indiana. They are asking the Court to allow them to create a trust fund to settle the 230,000 earplug claims pending against them in the MDL. 3M has stated that the bankruptcy will enable them to settle the earplug lawsuits more efficiently, but we do not agree with this assertion and will be challenging the legality of the bankruptcy.
3M Earplug Current News: Was the Bankruptcy Filed in Good Faith?
Information & What To Do
The Bankruptcy Court has agreed to a 3 week halt on all of the MDL litigation while things get sorted out and Judge Rodgers, who oversees the cases filed in the MDL, has already raised questions as to whether the bankruptcy was filed in good faith.
The problem with the bankruptcy, if approved, is that it will slow down the settlement process and the amounts of the settlement payouts will typically be less than if they were negotiated during litigation. Before filing the bankruptcy 3M was facing enormous pressure from the possibility of defending hundreds of trials next year.
If the bankruptcy moves forward, then that pressure will be relieved, and it will give 3M more leverage in the negotiations. 3M has agreed to set aside $1.2 billion to fund the proposed bankruptcy trust to settle the earplug claims, but $240 million of that is earmarked for the expenses or costs of the bankruptcy.
This amount is an insult to the Plaintiffs in the 3M MDL as it would only net each of the 230,000 plaintiffs less than $5,000.
This will take considerable negotiation and will have to be approved by a 75% vote of all of the creditors before it is approved by the Court.
What Does This Mean For You?
Next Steps For Your Case
If 3M is allowed to move forward with the bankruptcy, then all of the current lawsuits will be automatically stayed and the plaintiffs in those lawsuits will become “creditors.” The ultimate goal of a bankruptcy is to create a plan that allows the debtor (Aero) to pay its creditors (the plaintiffs) something in exchange for a release of their claims.
We will pass along more information as it becomes available. Please contact Murphy Law Firm if you are in need of a Personal Injury Attorney in Baton Rouge.
What are 3M Combat Arms™ Earplugs?
The defective earplugs were dual-ended, or “selective attenuation earplugs” and were designed to be worn two ways – either as traditional earplugs, to block out loud noises; or in the open position, to allow the wearer to hear speech and quieter noises. However, the stems of the earplugs were too short and would gradually loosen, permitting damaging sounds to enter the wearer’s ears.
The lawsuit alleged that Aero knew about the defective design, as early as 2000, and that they manipulated testing results in order to procure the military contract. The defective earplugs were standard issue for certain branches of the military from 2003 to 2015.
What’s Wrong With Them?
Although the dual-ended combat arms earplugs have been standard issue for over a decade, they have one major deficiency. The earplug stem is too short, preventing it from staying far enough inside the ear canal to effectively prevent high frequency sound from reaching the eardrum.
This issue has been found to be the cause of major ear problems with veterans. Long-term effects include tinnitus (ringing in the ears), hearing loss, and balance loss.
Lawsuits with 3M Earplugs
By the end of 2015, over 1 million veterans were being compensated for hearing loss. Although 3M claims no wrongdoing, they agreed to pay 9.1 million dollars in compensation to the the Department of Justice. 3M is currently being sued by individual plaintiffs that claim the company’s act of omitting their defects from public knowledge led to major personal/physical damages.
The implications of these defective earplugs are quite serious. Many veterans relied on these earplugs for protection during their service, but they are now facing long-term health issues. These conditions can make it difficult for them to engage in daily activities. They have also resulted in financial issues for certain victims, who had to receive medical treatment for these health problems. This is why filing a claim against 3M is so important.
If you used these earplugs and you are suffering from hearing loss or worse, contact our dedicated team of personal injury lawyers at Murphy Law Firm. We will evaluate your claim, and work to get you the recovery compensation you so desperately deserve.
Scientific Studies About Veteran Hearing Loss
From Military Medical Research:
Military personnel are exposed to high levels of noise frequently, and this has led to hearing loss and tinnitus being the second most prevalent service-related disability. 3M’s actions could have contributed to these numbers. Military Medical Research,(link below), provides a report of the extent of the hearing loss problems.
From publicintegrity.org:
Hearing Loss widespread Among Post-9/11 Veterans; the most widespread injury for veterans has been hearing loss and other auditory complications.
From research.va.org:
Hearing problems—including tinnitus—are by far the most prevalent service-connected disability among American Veterans.
News Articles:
- Contractor settles for $9.1 million after providing defective earplugs for servicemembers.
- Veterans sue, saying 3M Combat earplugs caused hearing injuries
- Combat veteran files lawsuit for loss of hearing due to defective military earplugs
FAQs
Q: What Is the Status of the 3M Earplug Settlement?
A: The status of the 3M earplug settlement changed in late 2023 when the company agreed to pay over $6 billion in settlements. The process is still ongoing, and individuals are still being paid out. To learn more about the process and whether you might still be able to receive compensation for injuries associated with 3M earplugs, contact a product liability attorney.
Q: Do I Need a Lawyer to File a 3M Claim?
A: It is a good idea to have a lawyer when filing a 3M claim. A large company like 3M has its own legal team that is prepared to deal with legal issues. Therefore, it makes sense to hire legal representation to ensure a fair fight. Product liability claims often deal with intense medical issues, which can make these types of cases difficult for a non-legal professional to understand. An attorney can help break down the timeline and process of a defective product claim.
Q: What Are the Common Side Effects of Using 3M Earplugs?
A: Common side effects of using 3M earplugs that victims reported included different types of hearing loss, some to the inner ear and some to the middle ear. Other individuals have tinnitus or a consistent ringing in their ears. These conditions can significantly impact one’s enjoyment of life and ability to function, leading to legal claims. 3M has agreed to pay out a large amount to settle these claims.
Work With an Attorney for Ongoing Legal Changes
The situation surrounding 3M earplugs has changed multiple times since claims were filed against the company. As the legal proceedings are held, it is a good idea to consult a legal representative to understand how these events can impact your individual case. Product liability claims are complicated, so schedule a consultation with Murphy Law Firm to understand what you are eligible for in a 3M product liability claim.
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